No. 89-CC-1742 | La. | Oct 20, 1989
Lead Opinion
In re Stuart, Cecil L.; Roussel, Marilyn Peterson; Stuart, Harvey; Stuart, Cecil Jr.; — Plaintiff(s); applying for writ of cer-tiorari and/or review, supervisory and/or remedial writs; to the Court of Appeal, First Circuit, No. CW88 1942; Parish of Washington, 22nd Judicial District Court, Div. “A”, No.' 53318, 58319.
Prior report: La.App., 544 So. 2d 78" date_filed="1989-05-16" court="La. Ct. App." case_name="Stuart v. Cooper Tire & Rubber Co.">544 So.2d 78.
Granted. Judgment of the court of appeal is reversed; trial court order for new trial is reinstated.
Concurrence Opinion
concur in the denial of rehearing, but would prefer that this Court write an opinion addressing the issue whether a timely motion for a judgment notwithstanding the verdict impliedly includes an alternative motion for a new trial so that the trial court can grant either relief.
MARCUS, J., would grant the rehearing.